2018 Oklahoma Statutes
Title 47. Motor Vehicles
§47-6-212. Reinstatement fees - Conditions for reinstatement - Provisional license - Impaired Driver Accountability Program (IDAP).

A. The Department of Public Safety shall not assess and collect multiple reinstatement fees when reinstating the driving privilege of any person having more than one suspension or revocation affecting the person's driving privilege at the time of reinstatement.

B. The Department shall:

1. Suspend or revoke a person's driving privilege as delineated within the Oklahoma Statutes; and

2. Require any person having more than one suspension or revocation affecting the person's driving privilege to meet the statutory requirements for each action as a condition precedent to the reinstatement of any driving privilege. Provided, however, reinstatement fees shall not be cumulative, and a single reinstatement fee, as provided for in subsection C of this section, shall be paid for all suspensions or revocations as shown by the Department's records at the time of reinstatement.

C. Whenever a person's privilege to operate a motor vehicle is suspended or revoked pursuant to any provision as authorized by the Oklahoma Statutes, the license or privilege to operate a motor vehicle shall remain under suspension or revocation and shall not be reinstated until:

1. The expiration of each such revocation or suspension order and the satisfaction of all terms and conditions of the revocation;

2. The person has paid to the Department:

a.if such privilege is suspended or revoked pursuant to Section 1115.5 of Title 22 of the Oklahoma Statutes or pursuant to any provisions of this title, except as provided in subparagraph b of this paragraph, a processing fee of Twenty-five Dollars ($25.00) for each such suspension or revocation as shown by the Department's records, or

b.(1)if such privilege is suspended or revoked because of a test result or test refusal, or pursuant to the provisions of Section 6-205, 6-205.1, 7-612 or 761 of this title or pursuant to subsection A of Section 7-605 of this title for a conviction for failure to maintain the mandatory motor vehicle insurance required by law or pursuant to subsection B of Section 6-206 of this title for a suspension other than for points accumulation, a processing fee of Seventy-five Dollars ($75.00) for each such suspension or revocation as shown by the Department's records, and a special assessment trauma-care fee of Two Hundred Dollars ($200.00) to be deposited into the Trauma Care Assistance Revolving Fund created in Section 1-2530.9 of Title 63 of the Oklahoma Statutes, for each suspension or revocation as shown by the records of the Department, and

(2)in addition to any other fees required by this section, if such privilege is suspended or revoked pursuant to an arrest on or after November 1, 2008, under the provisions of paragraph 2 or 6 of subsection A of Section 6-205 of this title or of Section 761 of this title or because of a test result or test refusal, a fee of Fifteen Dollars ($15.00), which shall be apportioned pursuant to the provisions of Section 3-460 of Title 43A of the Oklahoma Statutes; and

3. The person has paid to the Department a single reinstatement fee of, beginning on July 1, 2013, and any year thereafter, Twenty-five Dollars ($25.00).

D. The Department of Public Safety is hereby authorized to enter into agreements with persons whose license to operate a motor vehicle or commercial motor vehicle has been suspended or revoked, for issuance of a provisional license that allows such persons to drive:

1. Between their place of residence and their place of employment or potential employment;

2. During the scope and course of their employment;

3. Between their place of residence and a college, university or technology center;

4. Between their place of residence and their child's school or day care provider;

5. Between their place of residence and a place of worship; or

6. Between their place of residence and any court-ordered treatment program,

with the condition that such persons pay a minimum of Twenty-five Dollars ($25.00) per month toward the satisfaction of all outstanding driver license or commercial driver license reinstatement fees. The Department shall develop rules and procedures to establish such a provisional driver license program and such rules and procedures shall include, but not be limited to, eligibility criteria, proof of insurance, proof of enrollment or employment, and any provisional license fees. Any violation of law by the person holding the provisional license that would result in the suspension or revocation of a driver license shall result in the revocation of the provisional license and such person shall be ineligible for future application for a provisional driver license.

E. No later than June 30, 2018, the Department shall establish the Impaired Driver Accountability Program (IDAP) at the Department of Public Safety. Fees collected by the Department for admission into the program shall be deposited in the Department of Public Safety Restricted Revolving Fund for support of the program. The Department shall promulgate rules necessary to implement the Impaired Driver Accountability Program.

F. The Department may enter into an IDAP program agreement with the person if:

1. The Department receives the request for IDAP participation pursuant to this section within fifteen (15) calendar days from the date reflected on the dated receipt issued by an officer to the person pursuant to subsection B of Section 754 of this title, on the form provided by the Department;

2. The Department receives payment of the Two Hundred Dollars ($200.00) program administration fee within forty-five (45) days of the date notice was given pursuant to Section 2-116 of this title;

3. The Department receives the proof of installation of an ignition interlock device approved in accordance with the rules of the Board of Tests for Alcohol and Drug Influence within forty-five (45) days from the date notice was given pursuant to Section 2-116 of this title; and

4. The Department receives proof of the driving privileges of the person including, but not limited to, out-of-state driver licenses and licenses obtained at any time before or after entry into the program within forty-five (45) days from the date notice was given pursuant to Section 2-116 of this title.

G. Upon successful completion of the program, the driving record of the person will be updated to indicate their completion of the program without revocation and no reinstatement fee will be charged to the person.

H. The program length shall be:

1. A minimum of six (6) months for a person subject to revocation pursuant to paragraph 1 of subsection A of Section 6-205.1 of this title. If the Department receives notice of any verified ignition interlock violations, as determined by the Board of Tests for Alcohol and Drug Influence, within the last three (3) months of the program period, the program period shall be extended until such time the person completes a violation free three-month period;

2. A minimum of twelve (12) months for a person subject to revocation pursuant to paragraph 2 of subsection A of Section 6-205.1 of this title. If the Department receives notice of any verified ignition interlock violations, as determined by the Board of Tests for Alcohol and Drug Influence, within the last six (6) months of the program period, the program period shall be extended until such time the person completes a violation free six-month period;

3. A minimum of twenty-four (24) months for a person subject to revocation pursuant to paragraph 3 of subsection A of Section 6-205.1 of this title. If the Department receives notice of any verified ignition interlock violations, as determined by the Board of Tests for Alcohol and Drug Influence, within the last twelve (12) months of the program period, the program period shall be extended until such time the person completes a violation free twelve-month period.

I. Completion of the program is contingent upon the compliance of the person with the rules of the Department.

J. Effective July 1, 2002, and for each fiscal year thereafter:

1. Two Hundred Fifty Thousand Dollars ($250,000.00) of all monies collected each month pursuant to this section shall be apportioned as provided in Section 1104 of this title, except as otherwise provided in this section; and

2. Except as otherwise provided in this section, all other monies collected in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) each month shall be deposited in the General Revenue Fund.

Added by Laws 1982, c. 276, § 1, emerg. eff. May 18, 1982. Amended by Laws 1983, c. 286, § 21, operative July 1, 1983; Laws 1984, c. 264, § 11, operative July 1, 1984; Laws 1986, c. 279, § 15, operative July 1, 1986; Laws 1987, c. 5, § 152, emerg. eff. March 11, 1987; Laws 1987, c. 226, § 5, operative July 1, 1987; Laws 1990, c. 219, § 39, eff. Jan. 1, 1991; Laws 1994, c. 218, § 6, eff. April 1, 1995; Laws 2001, c. 361, § 7, eff. July 1, 2001; Laws 2002, c. 474, § 5, emerg. eff. June 6, 2002; Laws 2004, c. 396, § 1, eff. Nov. 1, 2004; Laws 2004, c. 530, § 1, eff. Sept. 1, 2004; Laws 2007, c. 326, § 12, eff. Nov. 1, 2007; Laws 2008, c. 401, § 18, eff. Nov. 1, 2008; Laws 2011, c. 226, § 1; Laws 2013, c. 274, § 1, eff. Nov. 1, 2013; Laws 2015, c. 97, § 3, eff. Nov. 1, 2015; Laws 2017, c. 392, § 7, eff. Nov. 1, 2017.